Legal Question in Real Estate Law in Texas

Re: Grantee

Any one of the owners has the right not to sell his or her share.

You may want to file a partition lawsuit. If this is a home, rather than acreage which could be divided, the result will be that the court sells the home, and each person gets their 1/3 of the proceeds.

A partition lawsuit is expensive, but it works. Each owner has a right to partition. If the refusing owner gets advice from an attorney, then he or she may see the futility of his or her position and and agree to the sale.

However, if the argument is more about the price being too low, then you all may need to talk about that. Sometimes willing sellers will agree that the unwilling seller gets a greater cut of the proceeds than he or she is really entitled to, just to get the deal done. With partition lawsuits costing in the thousands of dollars usually, and taking several months, you may decide to cut your losses and pay the unwilling party some more to avoid the lawsuit.